City Council Manual
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Table of Contents CITY OF HUNTINGTON BEACH INFORMATION Forward …………...……………………………………………………………………………………………………………………………………..………………...…………4 City Charter ……...……………………………………………………………………………………………………………………………………..………………...…………5 Organization Chart – from Adopted FY 2020/21 Revised Budget …….……………………….…………………………………….…..………. 28 Council Meetings and Parliamentary Procedure……………………………………………………………………………..………….………..…………30 The Agenda Process ………………..………………………………………………………………………………………………………………………….…..……...…35 Procedure for Selection of Mayor Pro Tem …………………………..…………………………………….………………….……………………….…..…38 Code of Ethics ……………………………………..…………………………………………….………………….……………………………….……….……………..……40 Required Trainings (AB 1234 Ethics; AB 1661 Sexual Harassment Prevention)……………………………………....……………………45 Statewide Ballot Propositions, Appeal of Planning Decisions, Guidelines for Representing the City at Conferences or Other Such Meetings..……………………………………………………52 Appointments to Boards, Commissions and Committees ……………………………………………….......………………..…..…………………60 Statement of Economic Interests – Form 700 Reporting ………………..………………….……………………………………..…………………..72 Conflict of Interest Map ………………………………………………………………………………………………………………………….......……………….…103 General Rules for Gifts and Honoraria …………………………………..………..………………….……………………………………..……………….…105 New Mayor Protocol Handbook (includes current Council Liaison List) ……………………………………………….……………….…..107 ILG RESOURCES RESPONSIBILITIES AND POWERS Types and Responsibilities of Local Agencies LINKS TO ARTICLES Local Agency Powers and Limitations What are the Sources of Law Affecting Local Agencies Legislative versus Adjudicative Decision Making BUDGETING AND FINANCE The Basics of Municipal Revenues in California The Financial Management for Elected Officials: Questions to Ask LEADERSHIP SKILLS Governing Board Member Strategies Transparency in Local Government: Protecting Your Community Against Corruption Tips for Promoting Civility in Public Meetings Council Manual Material Provided By: City of Huntington Beach; Institute for Local Government (ILG) PUBLIC TRUST & TRANSPARENCY The Ethics of Speaking One's Mind The ABCs of Open Government Laws (Brown Act) Ethics Law Principles for Public Servants: Key Things to Know MAKING DECISIONS How Local Agencies Make Things Happen How Your Agency Counsel Should Advise You When Agency Contracts Represent a Conflict of Interest LAND USE The Nuts and Bolts of Project Review WORKING WITH STAFF Board/Executive Staff Communications Strategies Elected Official Direction to Staff WORKING WITH RESIDENTS AND THE MEDIA Why Engage the Public? Media Relations Tips for Newly Elected Officials Dealing with Emotional Audiences Social Media and Public Agencies: Legal Issues to be Aware of Taking the Bite Out of Blogs: Ethics in Cyberspace WHEN BAD THINGS HAPPEN Saying Your Sorry A Leader's Role When Tragedy Strikes Council Manual Material Provided By: City of Huntington Beach; Institute for Local Government (ILG) City Charter Formatting of the original Council Manual adopted in 1976 and revised versions thereafter outlined language taken directly from the City Charter and referenced section numbers. This revised Council Manual includes the City Charter in its entirety (attached) as a complete reference guide that includes the topics outlined in prevision versions: Rules of Office of Councilpersons (Charter § 300) Duties and Limitations of the City Council (Charter § 301, 303, 304, 307, 308, 311, 313, 400, 401, 403, 405, 500, 602, 603, 604, 608, 610, 615, 616) Duties of the Mayor (Charter § 303, 305, 613) Duties of the Mayor Pro Tempore (Charter § 306) Compensation of Councilpersons (Charter § 302; HBMC § 2.28.010) CITY HUNTINGTON BEACH of City Charter Incorporated February 17, 1909 CITY OF HUNTINGTON BEACH CITY CHARTER Incorporated, February 17, 1909 (Election February 9, 1909; 94 votes cast for incorporation and 25 votes against) CHARTER AMENDMENTS Effective Dates Charter Election Certified - Res. 773 Results 5/3/37........…………5/17/37 Amendments……………………………………………………..…..2/2/40 Amendments…………………………………………………….….1/29/47 Amendments……………………………………………………..…1/27/49 Amendments……………………………………………………..…..5/9/49 Revised.............................……………………........……………..….5/1/50 New Charter………………………………………………….….….2/10/66 Amendments………………………………………………….….…1/18/71 Amendments………………………………………………….….…..6/5/75 Amendments……………………………………………………....12/10/76 Amendments……………………………………………………..…7/17/78 Amendments..(Consolidation November)……………………..…...12/9/82 Amendments…………………………………………………..……12/7/84 Amendments……………………………………………………..…12/7/90 Amendments……………………………………………………......4/22/02 Revised……..(Certified by the Secretary of State 1/6/11).…….….12/6/10 City of Huntington Beach City Charter Page 1 of 20 12/6/10 CITY CHARTER TABLE OF CONTENTS ARTICLE I. INCORPORATION AND POWERS OF THE CITY Section 100. Name Section 101. Seal Section 102. Boundaries Section 103. Powers of City Section 104. Construction Section 105. Intergovernmental Relations ARTICLE II. FORM OF GOVERNMENT Section 200. Council-Manager Form of Government ARTICLE III. ELECTIVE OFFICES Section 300. City Council, Attorney, Clerk and Treasurer. Terms Section 301. Powers Vested in City Council Section 302. Compensation Section 303. Meetings and Location Section 304. Quorums, Proceedings and Rules of Order Section 305. Presiding Officer Section 306. Mayor Pro Tempore Section 307. Non-interference with Administration Section 308. Official Bonds Section 309. City Attorney. Powers and Duties Section 310. City Clerk. Powers and Duties Section 311. City Treasurer. Powers and Duties Section 312. Vacancies, Forfeitures and Replacement Section 313. Conflict of Interest, Nepotism ARTICLE IV. APPOINTIVE OFFICES AND PERSONNEL Section 400. City Manager. Composition, Term, Eligibility, Removal Section 401. Powers and Duties Section 402. Acting City Manager Section 403. Personnel Section 404. Retirement System Section 405. Boards, Commissions and Committees ARTICLE V. ORDINANCES AND RESOLUTIONS Section 500. Regular Ordinances. Enactment, Adoption, Publication, Amendment, When Effective and Codification Section 501. Emergency Ordinances Section 502. Resolutions Section 503. Publishing of Legal Notices City of Huntington Beach City Charter Page 2 of 20 12/6/10 ARTICLE VI. FISCAL ADMINISTRATION Section 600. Fiscal Year Section 601. Annual Budget, Preparation by the City Manager Section 602. Annual Budget. Submission to the City Council Section 603. Annual Budget. Public Hearing Section 604. Annual Budget. Further Consideration and Adoption Section 605. Annual Budget Appropriations Section 606. Determination of City Tax Rate Section 607. Tax Limits Section 608. Vote Required for Tax Measures Section 609. Real Estate Transfer Tax Section 610. Bonded Debt Limit Section 611. Revenue Bonds Section 612. Public Utilities and Parks and Beaches Section 613. Execution of Contracts Section 614. Contracts on Public Works Section 615. Granting of Franchises Section 616. Independent Audit Section 617. Infrastructure Fund ARTICLE VII. ELECTIONS Section 700. General Municipal Elections Section 701. Special Municipal Elections Section 702. Procedure for Holding Elections Section 703. Initiative, Referendum and Recall Section 704. Nomination Papers ARTICLE VIII. MISCELLANEOUS Section 800. Transition Section 801. Definitions Section 802. Violations Section 803. Property Rights Protection Measure Section 804. Charter Review City of Huntington Beach City Charter Page 3 of 20 12/6/10 CHARTER We, the people of the City of Huntington Beach, State of California believe fiscal responsibility and the prudent stewardship of public funds is essential for confidence in government, that ethics and integrity are the foundation of public trust and that just governance is built upon these values. Through the enactment of this Charter as the fundamental law of the City of Huntington Beach under the Constitution of the State of California, we do hereby exercise the privilege of retaining for ourselves, the benefits of local government, by enacting the laws, rules, regulations and procedures set forth herein pertaining to the governance and operation of our City. It is incumbent upon those who govern and make decisions for and on behalf of the City of Huntington Beach to legally, as well as morally, abide by the provisions of this Charter, in its strictest sense, to assure the continued success and well-being of our fair City. ARTICLE I INCORPORATION AND POWERS OF THE CITY Section 100. NAME. The municipal corporation now existing and known as the City of Huntington Beach shall remain and continue to exist as a municipal corporation under its present name of "City of Huntington Beach." Section 101. SEAL. The City shall have an official seal which may be changed from time to time by ordinance. The present official seal shall continue to be the official seal of the City until changed in the manner stated. Section 102. BOUNDARIES. The boundaries of the City shall continue as now established until changed in the manner authorized by law. Section 103. POWERS OF CITY. The City shall have the power to make and enforce all laws and regulations in respect to municipal affairs, subject only to such restrictions and limitations as may be provided in this Charter or in the Constitution of the State of California. Section 104. CONSTRUCTION. The general grant of power to the City under this Charter shall be construed broadly in favor of the City. The specific provisions enumerated in this Charter are intended to be and shall be interpreted as limitations